1 2026:CGHC:22625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4489 of 2026 Ujjwal Upadhyay S/o Upendra Upadhyay Aged About 25 Years R/o Namnakala, Ambikapur, P.S. Gandhinagar, Distt. Surguja, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Gandhinagar, Distt. Surguja, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 05/2026 registered at Police Station Gandhinagar, District Surguja (C.G.), for the offences punishable under Sections 317(4), 318(4), 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that from a perusal of the case diary, it appears at first glance that, upon receiving instructions from the ofÏce of the Nodal OfÏcer, Cyber Cell, District Surguja, Chhattisgarh, through a letter dated 29.08.2025 regarding the initiation of legal action ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.14 11:04:44 +0530 2 against the Point of Sales (POS) operators issuing fake mobile numbers and the mule account used in cyber fraud, a named FIR was registered against the applicant, who is the holder of account number 68026352482, on the basis of the written complaint submitted by the informant, Inspector Pradeep Jaiswal, on behalf of the Government, and an investigation was thereafter carried out. During the course of the investigation, after questioning the account holder and on the basis of his memorandum, co-accused persons, namely Harshvardhan Korram and Satyam Keshari, were taken into custody, and on the basis of their memorandum statements, other co-accused persons were arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the present applicant has no criminal antecedents. He further submits that other co-accused person, namely, Amit Mishra @ Pahlu has already been granted regular bail by this Court in MCRC No. 4138 of 2026 vide order dated 05.05.2026. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, she could not dispute the fact that an identically situated co-accused has already been granted regular bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the similarly situated co-accused person, namely, Amit Mishra @ Pahlu has already been granted regular bail by this Court in MCRC No. 4138 of 3 2026 vide order dated 05.05.2026. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 03.01.2026, conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Ujjwal Upadhyay, involved in Crime No. 05/2026 registered at Police Station Gandhinagar, District Surguja (C.G.), for the offences punishable under Sections 317(4), 318(4), 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate 4 proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek